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Chapter 14

Fair Labor, Family Medical Leave, Residency, Drug Testing, Electronic Monitoring, Digital Imagery, and Social Networking. Chapter 14. Objectives. Identify maximum hour limits of the Fair Labor Standards Act (FLSA) and when overtime compensation is required.

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Chapter 14

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  1. Fair Labor, Family Medical Leave, Residency, Drug Testing, Electronic Monitoring, Digital Imagery, and Social Networking Chapter 14

  2. Objectives • Identify maximum hour limits of the Fair Labor Standards Act (FLSA) and when overtime compensation is required. • Define compensatory time and explain guidelines for FLSA comp time.

  3. Objectives • Explain firefighter exemption, emergency medical (ambulance) exception, and executive exemption, including the effect of recent changes in laws. • Identify what hours are compensable under FLSA.

  4. Objectives • Explain how volunteers are treated under FLSA. • Explain the Family Medical Leave Act (FMLA ) and what benefits it provides. • Explain the constitutionality of residency requirements.

  5. Objectives • Explain when firefighters can be asked to submit to drug testing. • Explain the role that computer and electronic communications policies play in complying with the ECPA.

  6. Objectives • Define spoliation and explain how it impacts taking photos by on-duty personnel. • Identify the need for a social networking policy.

  7. Fair Labor Standards Act (FLSA) • Addresses wage and hour issues • Maximum hours • Minimum wage • Overtime calculations • Applicable to state and local employers since 1986

  8. Volunteers • FLSA prohibits employees from volunteering same type of work to their employer • Career FF cannot volunteer as a firefighter, but can volunteer to coach youth baseball team organized by employer

  9. Maximum Hours • General rule • Overtime required after 40 hours • One and one-half normal hourly wage for all hours worked over 40 per week

  10. Maximum Hours—Exemptions • Firefighters 7(k) Exemption • Firefighters can work 53 hours per week before overtime is required • May calculate on sliding scale • 212 hours in 28-day period • Must be a public agency

  11. Maximum Hours—Exemptions • Executive, administrative, and professional exemption • Qualifying personnel are exempt from maximum hours requirements • No requirement that they receive overtime

  12. Maximum Hours—Exemptions • Executive, administrative, and professional exemption • August 2004, new regulations went into effect • 29 CFR Sec.541.3 (b)(1) • Line fire personnel are hourly employees

  13. Maximum Hours—Calculation • Waiting time • Sleep time • Meal time • Break time • Training time

  14. Maximum Hours—Calculation • Travel time • On-call time • Limitations governing on-duty time has resulted in on-call time • Restrictions governing on-call time • Employee must be compensated for on-call time because it restricts time for own personal pursuits

  15. Additional FLSA Issues • Substitutions • Medical attention • FLSA and workers’ compensation • Comp time

  16. Family Medical Leave Act (FMLA) • Passed by Congress in 1993 • Allows unpaid leave to eligible employees of 12 weeks per year

  17. Family Medical Leave Act (FMLA) • Criteria • Birth and care of newborn child of employee • Adoption or foster care • Care for family member (spouse, child, or parent) with serious medical condition • Serious health condition of employee

  18. Residency Requirements • Residency requirements have been challenged on a variety of grounds • Generally, residency requirements are upheld as rationally related to a legitimate governmental interest • Rational basis standard of review

  19. Drug Testing • Drug testing of public employees is constitutionally permissible without a warrant or probable cause • Must be reasonable

  20. Drug Testing • Considerations • Privacy interests • Extent to which the search intrudes on the employee's privacy • Importance of governmental interest along with ability of procedure used to address that concern

  21. Electronic Monitorings • Electronic Communications Privacy Act (ECPA) of 1986 • Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act) of 2001

  22. Digital Imagery and Social Networking • Digital imagery • Embarrassing or violates privacy and/or confidentiality • Photographs and videos as evidence • Spoilation • Destruction or loss of evidence

  23. Digital Imagery and Social Networking • Digital imagery policy • Proper handling of all images • Procedure for personnel to obtain images • Networking • Facebook • Social networking policy

  24. Summary • Fair Labor Standards Act • Family Medical Leave Act • Residency • Drug testing

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